Agreement for the Purchase and Sale of Real
Estate -- Transfer of Title from One Joint Owner to Other Joint Owner
Agreement made on the ________________________ (date), between
________________________ (Name of Seller) of
_____________________________________________ (street address, city, county,
state, zip code) , referred to herein as Seller, and ________________________ (Name
of Buyer) of _____________________________________________ (street address,
city, county, state, zip code) , referred to herein as Buyer.
For and in consideration of the mutual covenants contained in this Agreement, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Agreement to Sale and Purchase. Seller agrees to sell, and Buyer agrees to
buy from Seller all of Seller’s right, title and interest in the real property described in
Exhibit A attached hereto and made a part hereof; together with the following items, if
any: curtains and rods, draperies and rods, valances, blinds, window shades, screens,
shutters, awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans, attic fans,
mail boxes, television antennas and satellite dish system with controls and equipment,
permanently installed heating and air-conditioning units, window air-conditioning units,
built-in security and fire detection equipment, plumbing and lighting fixtures including
chandeliers, water softener, stove, built-in kitchen equipment, garage door openers with
controls, built-in cleaning equipment, all swimming pool equipment and maintenance
accessories, shrubbery, landscaping, permanently installed outdoor cooking equipment,
built-in fireplace screens, artificial fireplace logs and all other property owned by Seller
and attached to the Seller’s interest in the above described real property. All property
sold by this Agreement is called the Property.
2. SALE PRICE: The parties agree to the following sales price:
$ ________________________ cash.
3. PROPERTY CONDITION: Buyer hereby represents that he/she has personally
inspected and examined the above-mentioned Property and all improvements thereon.
Buyer hereby acknowledges that unless otherwise set forth in writing elsewhere in this
Agreement neither Seller nor Seller's representatives, if any, have made any
representations concerning the present or past structural condition of the improvements.
Buyer and Seller agree to the following concerning the condition of the Property: Buyer
accepts the Property in its as-is and present condition.
4. SELLER’S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT
HAZARDS is required by Federal law for a residential dwelling constructed prior to
1978. An addendum providing such disclosure is not applicable.
5. ENERGY EFFICIENCY: Buyer waives receipt of the Florida Building Energy-
Efficiency Rating System brochure.
6. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit. Buyer
may, within the Inspection Period, have an appropriately licensed person test the
Property for radon. If the radon level exceeds acceptable EPA standards, Seller may
choose to reduce the radon level to an acceptable EPA level, failing which either party
may cancel this Agreement.
7. PERMITS DISCLOSURE: Except as may have been disclosed by Seller to
Buyer in a
written disclosure, Seller does not know of any improvements made to the Property
which were made without required permits or made pursuant to permits which have not
been properly closed. If Seller identifies permits which have not been properly closed or
improvements which were not permitted, then Seller shall promptly deliver to Buyer all
plans, written documentation or other information in Seller’s possession, knowledge, or
control relating to improvements to the Property which are the subject of such open
permits or un-permitted improvements.
8. MOLD: Mold is naturally occurring and may cause health risks or property
damage. If Buyer is concerned about mold, or desires additional information regarding
mold, Buyer should contact an appropriate professional.
9. FLOOD ZONE: No survey is required and Buyer has been advised to verify with
appropriate government agencies which flood zone the property is in, whether flood
insurance is required, and what restrictions apply to improving the property and
rebuilding in the event of loss.
10. SELLER DISCLOSURE: Seller knows of no facts materially affecting the value
of the Property which are not readily observable and which have not been disclosed to
Buyer. Except as otherwise disclosed in writing Seller has received no written or verbal
notice from any governmental entity or agency as to a currently uncorrected building,
environmental or safety code violation.
11. HOMEOWNERS’ ASSOCIATION: If membership in a homeowners' association
is mandatory, an association disclosure summary is attached and incorporated into this
Agreement. BUYER SHOULD NOT SIGN THIS AGREEMENT UNTIL BUYER HAS
RECEIVED AND READ THE DISCLOSURE SUMMARY . If, and only if, membership
in a homeowners’ association is mandatory, the following statement applies to this
Agreement:
BUYER WAIVES THE DISCLOSURE SUMMARY REQUIRED BY SECTION
720.401, FLORIDA STATUTES. BUYER'S RIGHT TO VOID THIS AGREEMENT
SHALL TERMINATE AT CLOSING.
12. TAX DISCLOSURE SUMMARY pursuant to Florida Statutes 689.261:
BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES
AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE
OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE
OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS
REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING
VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR
INFORMATION.
13. CLOSING: The closing of the sale will be on or before (date), unless extended
pursuant by mutual agreement of the parties.
14. TITLE: Seller will convey marketable title to the Property by statutory deed.
Evidence of title has been provided to Buyer by Seller in accordance with Florida law.
15. APPRAISAL AND TERMITE INSPECTION: Any appraisal of the property shall
not be
required. A termite inspection is not required.
16. POSSESSION AND TITLE : Seller shall deliver possession of the Property to
Buyer at
closing. Prior to closing the property shall remain in the possession of Seller and Seller
shall deliver the property to Buyer in substantially the same condition at closing, as on
the date of this Agreement, reasonable wear and tear excepted.
17. PRORATIONS: Taxes for the current year, interest, maintenance fees,
assessments, dues and rents, if any, will be prorated through the Closing Date.
18. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or
other casualty loss after the effective date of the Agreement, Buyer may either (a)
terminate this Agreement (b) extend the time for performance and the Closing Date will
be extended as necessary, or (c) accept the Property in its damaged condition and
accept an assignment of insurance proceeds.
19. DEFAULT: If Buyer fails to comply with this Agreement, Buyer will be in default,
and Seller may either enforce specific performance, seek such other relief as may be
provided by law, or both.
20. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will
be no liens, assessments, or security interests against the Property which will not be
satisfied out of the sales proceeds unless securing payment of any loans assumed by
Buyer and (b) assumed loans will not be in default. If any representation in this
Agreement is untrue on the Closing Date, this Agreement may be terminated by Buyer.
All representations contained in this Agreement will survive closing.
WITNESS our signatures as of the day and date first above stated.
________________________ _________________________
(Signature of Seller) (Signature of Buyer)
________________________ ________________________
(P rinted Name of Seller) (P rinted Name of Buyer )
THIS PAGE IS NOT PART OF THE AGREEMENT . IT IS PROVIDED BY USLF TO AID
THE SELLER IN COMPLYING WITH FEDERAL LEAD-BASED PAINT DISCLOSURE
LAW, FOR HOUSES BUILT PRIOR TO 1978.
IMPORTANT!!!
NOTES CONCERNING LEAD-PAINT DISCLOSURE REQUIREMENTS.
Introduction: If the dwelling was constructed PRIOR TO 1978, federal law REQUIRES
a Lead-Based Paint Disclosure Form to be attached to the sale Agreement, completed
and signed by the seller and purchaser. If the dwelling was constructed in 1978 or later,
this form is not required. If in doubt about the timing of construction, use the disclosure
form. Whenever the form is used, the seller must also give the purchaser the EPA lead-
based paint pamphlet discussed below. Sellers must retain a copy of the signed
disclosure form for no less than three years from the date the sale closes.
Background: To protect families from exposure to lead from paint, dust, and soil, Congress
passed the Residential Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA
require the disclosure of known information on lead-based paint and related hazards before
the sale of most housing built before 1978.
Requirements: Before the sale Agreement becomes enforceable, sellers must fully comply
with lead-paint disclosure law. Compliance is accomplished by:
Fully completing and delivering to the buyers, as an attachment to the Agreement, the
LEAD-BASED PAINT DISCLOSURE form (the buyers also initial and sign this form),
and
Giving the buyers the EPA pamphlet entitled "Protect Your Family From Lead In Your
Home." (See the download link for the pamphlet, below.)
Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure
Form, you can easily do so using USLF. http://www.uslegalforms.com/lead-paint-disclosure-
forms.htm Click this link (or copy it into the address window of you internet browser) and select
your state. Two forms will be accessed. You want the “LEAD1” form, for sales transactions ( not
the “LEAD2” form for rentals). Click the “Information and Preview” link for more info on the
form, and then order the form.
The Free EPA Pamphlet: The seller must give the buyer the EPA-approved information
pamphlet on identifying and controlling lead-based paint hazards entitled "Protect Your Family
From Lead In Your Home." You may obtain and print this pamphlet free by clicking the
following download link (or copying the link into the address window of your internet browser):
https://www.epa.gov/lead
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